Standard Probate Applications
The below details what legal work is and is not included in a standard application to which our fixed fee lowest fee guarantee applies.
If your application is not standard, we will still work with you to offer a fixed fee service wherever possible.
What is included in standard probate applications
A standard probate application is limited to the following items of work:
- Initial discussion with you regarding your application (by telephone or audio visual link)
- Reviewing the will and death certificate for any indication that your application may not be standard
- Preparing the Form 103 – Notice of Intention to Apply for a Grant (“Notice”)
- Arranging for the Notice to be published in the Queensland Law Reporter
- Serving the Notice on the Queensland Public Trustee
- Preparing the Form 101 – Application for Probate
- Preparing the Form 105 – Affidavit Supporting Probate Application (limited to the standard paragraphs and assuming no evidence suggesting lack of testamentary capacity)
- Preparing and signing the Form 104 – Affidavit of Publication
- If relevant, preparing the Form 131 – Application for Reduction of Fees by an Individual (Parts A & B only)
- Witnessing the electronic signing of all documents by audio visual link
- Filing the application in the Supreme Court
- Dealing with any requisition from the Court caused by us
- Notifying you when probate has been granted
- Sending the grant of probate to you by email
What is not included in standard probate applications
Example or items of work not included in a standard application for probate include, but are not limited to:
- Advice regarding the interpretation of the will (such as where it is unclear who has been named executor)
- Renunciation(s) of probate (if required)
- Dealing with any requisition from the Court not caused by us (if required)
- Obtaining a death certificate or divorce certificate on your behalf (if required)
- Preparing the Form 131 – Application for Reduction of Fees by an Individual (Part C) (if required)
- Preparing the Form 105 – Affidavit Supporting Probate Application (additional paragraphs not included in the standard paragraphs) (if required)
- Preparing Form 107 – Affidavit of Due Execution of Will/Codicil (if required)
- Preparing Form 108 – Affidavit of Handwriting (if required)
- Preparing Form 110 – Affidavit (undated will) (if required)
- Preparing Form 111 – Affidavit of Plight (if required)
- Preparing Form 120 – Affidavit of Scripts (if required)
- Any work relating to a caveat
- Any work relating to a citation
- Any work referred to a judge or in relation to an application required to be heard by a judge
- Any work involving a dispute, including between executors
- An application where an executor is not located in Australia or the deceased did not die in Australia.
- Applications by an attorney or Guardian
- Any other estate matter not related to the application for probate (such as a family provision claim, dealing with assets of making distributions)
- Genealogy research
- Obtaining an affidavit from a medical professional in relation to testamentary capacity
- Re-advertising in the QLR (unless caused by us)
Standard Letters of Administration Applications
What is included in standard Letters of Administration applications
A standard letters of administration application is limited to the following items of work:
- Initial discussion with you regarding your application (by telephone or audio visual link)
- Reviewing the will (if there is one) and the death certificate for any indication that your application may not be standard
- Confirming that you have priority to apply for letters of administration
- Preparing the Form 103 – Notice of Intention to Apply for a Grant (“Notice”)
- Arranging for the Notice to be published in the Queensland Law Reporter
- Serving the Notice on the Queensland Public Trustee
- Preparing the Form 101 or Form 102 – Application for Letters of Administration
- Preparing the Form 106 (Affidavit (letters of administration with the will)) or Form 109 (Affidavit (letters of administration on intestacy)) (limited to the standard paragraphs and assuming no evidence suggesting lack of testamentary capacity (if there is a will))
- Preparing and signing the Form 104 – Affidavit of Publication
- If relevant, preparing the Form 131 – Application for Reduction of Fees by an Individual (Parts A & B only)
- Witnessing the electronic signing of all documents by audio visual link
- Filing the application in the Supreme Court
- Dealing with any requisition from the Court caused by us
- Notifying you when letters of administration has been granted
- Sending the grant of letters of administration to you by email
What is not included in standard letters of administration applications
Example or items of work not included in a standard application for letters of administration include, but are not limited to:
- Advice regarding the interpretation of the will (if there is one)
- Renunciation(s) of entitlement to apply
- Dealing with any requisition from the Court not caused by us
- Obtaining a death certificate or divorce certificate on your behalf
- Preparing the Form 131 – Application for Reduction of Fees by an Individual (Part C)
- Preparing the Form 106 (Affidavit (letters of administration with the will)) or Form 109 (Affidavit (letters of administration on intestacy)) (additional paragraphs not included in the standard paragraphs and addressing evidence suggesting lack of testamentary capacity (if there is a will))
- Any work relating to a caveat
- Any work referred to a judge or in relation to an application required to be heard by a judge
- Any work involving a dispute, including between persons with priority to apply for a grant
- An application where an applicant is not located in Australia or the deceased did not die in Australia.
- Applications by an attorney or Guardian
- Any other estate matter not related to the application for letters of administration (such as a family provision claim, dealing with assets of making distributions)
- Genealogy research
- Re-advertising in the QLR (unless caused by us)
Standard Reseal Applications
What is included in standard Reseal applications
A standard reseal application is limited to the following items of work:
- Initial discussion with you regarding your application (by telephone or audio visual link)
- Reviewing the interstate grant for any indication that your application may not be standard
- Preparing the Form 103 – Notice of Intention to Apply for a Grant (“Notice”) (if required)
- Arranging for the Notice to be published in the Queensland Law Reporter (if required)
- Serving the Notice on the Queensland Public Trustee (if required)
- Preparing the Form 112 – Application for reseal
- Preparing the Form 113 (Affidavit (reseal) (limited to the standard paragraphs)
- Preparing and signing the Form 104 – Affidavit of Publication
- If relevant, preparing the Form 131 – Application for Reduction of Fees by an Individual (Parts A & B only)
- Witnessing the electronic signing of all documents by audio visual link
- Filing the application in the Supreme Court
- Dealing with any requisition from the Court caused by us
- Notifying you when the reseal has been granted
- Sending the resealed grant to you by email
What is not included in standard reseal applications
Example or items of work not included in a standard reseal application include, but are not limited to:
- Any work involving the original court that issued the grant being reseal (such as obtaining a copy from that Court’s registry)
- Dealing with any requisition from the Court not caused by us
- Preparing the Form 131 – Application for Reduction of Fees by an Individual (Part C)
- Preparing the Form 113 (Affidavit (reseal) (other than the standard paragraphs)
- Any work relating to a caveat
- Any work referred to a judge or in relation to an application required to be heard by a judge
- Any work involving a dispute, including between applicants
- An application where an applicant is not located in Australia or the deceased did not die in Australia.
- Applications by an attorney or Guardian
- Any other estate matter not related to the reseal application (such as a family provision claim, dealing with assets of making distributions)
- Genealogy research
- Re-advertising in the QLR (unless caused by us)
